First Regular Session Sixty-eighth General Assembly

STATE OF COLORADO

INTRODUCED
LLS NO. 11-0544.01 Kristen Forrestal

SENATE BILL 11-067

SENATE SPONSORSHIP
Jahn,

HOUSE SPONSORSHIP
Massey,

Senate Committees
Business, Labor and Technology

House Committees

A BILL FOR AN ACT 101 CONCERNING REGISTERED INTERIOR DESIGNERS. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires an interior designer who prepares interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and who files the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, county, or regional building authority to apply for registration and receive a
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.

certificate of registration from the division of registrations within the department of regulatory agencies (division) prior to filing the documents and specifications. The applicant for registration must demonstrate that specific educational requirements have been met at the time of application for registration. The director of the division is required to issue a certificate of registration to the applicant that states the applicant is a "registered interior designer". Nothing in the bill prohibits the use of the title "interior designer" by a person who is not a registered interior designer. Interior designers who do not perform the tasks specified are not required to register with the division. The bill also identifies specific tasks that interior designers are prohibited from performing. The director may take disciplinary action against registered interior designers for specified reasons. The registration of interior designers is subject to sunset review and is repealed, effective July 1, 2021.

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Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 25 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 4 REGISTERED INTERIOR DESIGNERS 12-25-401. Definitions. AS USED IN THIS PART 4, UNLESS THE
CONTEXT OTHERWISE REQUIRES:

(1)

"DIRECTOR"

MEANS THE DIRECTOR OF THE DIVISION OF

REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES.

(2) "DIVISION" MEANS THE DIVISION OF REGISTRATIONS IN THE
DEPARTMENT OF REGULATORY AGENCIES.

(3)

"NONSTRUCTURAL"

OR

"NONSEISMIC"

MEANS INTERIOR

ELEMENTS OR COMPONENTS THAT ARE NOT LOAD-BEARING, DO NOT ASSIST IN THE SEISMIC DESIGN, AND DO NOT REQUIRE DESIGN COMPUTATIONS FOR A BUILDING'S STRUCTURE.

COMMON NONSTRUCTURAL OR NONSEISMIC

ELEMENTS OR COMPONENTS INCLUDE CEILING AND PARTITION SYSTEMS THAT EMPLOY NORMAL AND TYPICAL BRACING CONVENTIONS AND ARE

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NOT PART OF THE STRUCTURAL INTEGRITY OF THE BUILDING.

(4) "REGISTERED
ENGAGES IN:

INTERIOR DESIGNER" MEANS A PERSON WHO

(a) CONSULTATION, STUDY, DESIGN ANALYSIS, DRAWING, SPACE
PLANNING, AND SPECIFICATION FOR NONSTRUCTURAL OR NONSEISMIC INTERIOR CONSTRUCTION WITH DUE CONCERN FOR THE LIFE SAFETY OF THE OCCUPANTS OF THE BUILDING;

(b) PREPARING AND FILING INTERIOR DESIGN DOCUMENTS FOR THE
PURPOSE OF OBTAINING APPROVAL FOR A BUILDING PERMIT AS PROVIDED BY LAW FOR NONSTRUCTURAL OR NONSEISMIC INTERIOR CONSTRUCTION, MATERIALS, FINISHES, SPACE PLANNING, FURNISHINGS, FIXTURES, EQUIPMENT, LIGHTING, AND REFLECTED CEILING PLANS;

(c) DESIGNING

FOR FABRICATION NONSTRUCTURAL ELEMENTS

WITHIN AND SURROUNDING INTERIOR SPACES OF BUILDINGS; OR

(d)

THE

ADMINISTRATION OF DESIGN CONSTRUCTION AND

CONTRACT DOCUMENTS, AS THE CLIENTS' AGENT, RELATING TO THE FUNCTIONS DESCRIBED IN PARAGRAPHS (a) TO (c) OF THIS SUBSECTION (4) AND COLLABORATION WITH SPECIALTY CONSULTANTS AND LICENSED PRACTITIONERS IN OTHER AREAS OF TECHNICAL EXPERTISE.

12-25-402. Registration requirements - education - application - qualifications. (1) AN INTERIOR DESIGNER WHO PREPARES INTERIOR
DESIGN DOCUMENTS AND SPECIFICATIONS FOR INTERIOR FINISHES AND NONSTRUCTURAL ELEMENTS WITHIN AND SURROUNDING INTERIOR SPACES OF A BUILDING OR STRUCTURE OF ANY SIZE, HEIGHT, AND OCCUPANCY AND WHO FILES THE DOCUMENTS AND SPECIFICATIONS FOR THE PURPOSE OF OBTAINING APPROVAL FOR A BUILDING PERMIT AS PROVIDED BY LAW FROM THE APPROPRIATE CITY, CITY AND COUNTY, COUNTY, OR REGIONAL

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BUILDING AUTHORITY SHALL APPLY FOR REGISTRATION AND RECEIVE A CERTIFICATE OF REGISTRATION FROM THE DIVISION PRIOR TO FILING THE DOCUMENTS AND SPECIFICATIONS.

(2)

EVERY

APPLICANT FOR REGISTRATION AS A REGISTERED

INTERIOR DESIGNER SHALL POSSESS WRITTEN DOCUMENTATION THAT HE OR SHE:

(a) (I) (A) HAS GRADUATED WITH A DEGREE IN INTERIOR DESIGN
FROM A COLLEGE OR UNIVERSITY OFFERING SUCH PROGRAM CONSISTING OF FOUR OR MORE YEARS OF STUDY AND HAS COMPLETED TWO YEARS OF INTERIOR DESIGN EXPERIENCE; OR

(B) HAS GRADUATED WITH A DEGREE IN INTERIOR DESIGN FROM
A COLLEGE OR UNIVERSITY OFFERING SUCH PROGRAM CONSISTING OF TWO OR MORE YEARS OF STUDY AND HAS COMPLETED FOUR YEARS OF INTERIOR DESIGN EXPERIENCE; AND

(II) HAS MET THE EDUCATION AND EXPERIENCE REQUIREMENTS OF,
AND HAS SUBSEQUENTLY PASSED, THE QUALIFICATION EXAMINATION PROMULGATED BY THE NATIONAL COUNCIL FOR INTERIOR DESIGN QUALIFICATION OR ITS SUCCESSOR ORGANIZATION; OR

(b) HAS ENGAGED IN THE FUNCTIONS OF A REGISTERED INTERIOR
DESIGNER FOR A MINIMUM NUMBER OF YEARS AS DETERMINED BY THE DIRECTOR.

(3) WHEN AN APPLICANT HAS FULFILLED THE REQUIREMENTS OF
SUBSECTION

(2)

OF THIS SECTION, THE APPLICANT MAY APPLY FOR

REGISTRATION UPON PAYMENT OF A FEE IN AN AMOUNT DETERMINED BY THE DIRECTOR.

THE

APPLICATION SHALL BE IN A FORM AND MANNER

DESIGNATED BY THE DIRECTOR.

THE

DIRECTOR SHALL ISSUE A

REGISTRATION TO THE APPLICANT THAT STATES THE APPLICANT IS A

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"REGISTERED

INTERIOR DESIGNER"; EXCEPT THAT THE DIRECTOR MAY

DENY REGISTRATION TO AN APPLICANT IF THE APPLICANT HAS COMMITTED ANY ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 12-25-405.

(4) (a) AN APPLICANT FOR REGISTRATION BY ENDORSEMENT SHALL
FILE AN APPLICATION AND PAY A FEE AS PRESCRIBED BY THE DIRECTOR AND SHALL HOLD A CURRENT, VALID LICENSE OR REGISTRATION IN A JURISDICTION THAT REQUIRES QUALIFICATIONS SUBSTANTIALLY

EQUIVALENT TO THOSE REQUIRED FOR REGISTRATION BY SUBSECTION (2) OF THIS SECTION.

(b) AN APPLICANT FOR REGISTRATION SHALL SUBMIT WITH THE
APPLICATION VERIFICATION THAT THE APPLICANT HAS ACTIVELY PRACTICED FOR A PERIOD OF TIME DETERMINED BY RULES OF THE DIRECTOR OR OTHERWISE MAINTAINED CONTINUED COMPETENCY AS DETERMINED BY THE DIRECTOR.

(c) UPON RECEIPT OF ALL DOCUMENTS REQUIRED BY PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (4), THE DIRECTOR SHALL REVIEW THE
APPLICATION AND MAKE A DETERMINATION OF THE APPLICANT'S QUALIFICATION TO BE REGISTERED BY ENDORSEMENT.

(d)

THE

DIRECTOR MAY DENY THE REGISTRATION IF THE

APPLICANT HAS COMMITTED AN ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 12-25-405.

(5) (a) A REGISTRANT IS REQUIRED TO RENEW THE REGISTRATION
ISSUED UNDER THIS ARTICLE ACCORDING TO A SCHEDULE OF RENEWAL DATES ESTABLISHED BY THE DIRECTOR.

THE REGISTRANT SHALL SUBMIT

AN APPLICATION IN THE FORM AND MANNER DESIGNATED BY THE DIRECTOR AND PAY A RENEWAL FEE IN AN AMOUNT DETERMINED BY THE

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DIRECTOR.

(b)

REGISTRATIONS

SHALL BE RENEWED OR REINSTATED IN

ACCORDANCE WITH THE SCHEDULE ESTABLISHED BY THE DIRECTOR, AND SUCH RENEWAL OR REINSTATEMENT SHALL BE GRANTED PURSUANT TO SECTION 24-34-102 (8), C.R.S.

THE DIRECTOR MAY ESTABLISH RENEWAL

FEES AND DELINQUENCY FEES FOR REINSTATEMENT PURSUANT TO SECTION

24-34-105, C.R.S. IF

A REGISTRANT FAILS TO RENEW HIS OR HER

REGISTRATION PURSUANT TO THE SCHEDULE ESTABLISHED BY THE DIRECTOR, THE REGISTRATION EXPIRES.

ANY

PERSON

WHOSE

REGISTRATION HAS EXPIRED IS SUBJECT TO THE PENALTIES PROVIDED IN THIS ARTICLE OR SECTION 24-34-102 (8), C.R.S., FOR REINSTATEMENT.

(6) ALL FEES COLLECTED UNDER THIS ARTICLE ARE DETERMINED,
COLLECTED, AND APPROPRIATED IN THE SAME MANNER AS SET FORTH IN SECTION

24-34-105, C.R.S.,

AND

PERIODICALLY

ADJUSTED

IN

ACCORDANCE WITH SECTION 24-75-402, C.R.S.

12-25-403.

Title protection.

NOTHING

IN THIS SECTION

PROHIBITS THE USE OF THE TITLE "INTERIOR DESIGNER" BY A PERSON WHO IS NOT A REGISTERED INTERIOR DESIGNER.

AN INTERIOR DESIGNER WHO

DOES NOT PERFORM THE TASKS IN SECTION 12-25-402 (1) IS NOT REQUIRED TO REGISTER WITH THE DIVISION OF REGISTRATIONS AND SHALL NOT USE THE TITLE "REGISTERED INTERIOR DESIGNER".

12-25-404. Scope of practice - limitations. (1) AN INTERIOR
DESIGNER SHALL NOT BE ENGAGED IN THE CONSTRUCTION OF THE STRUCTURAL FRAME SYSTEM SUPPORTING A BUILDING; MECHANICAL, PLUMBING, HEATING, AIR CONDITIONING, VENTILATION, OR ELECTRICAL VERTICAL TRANSPORTATION SYSTEMS; FIRE-RATED VERTICAL SHAFTS IN ANY MULTI-STORY STRUCTURE; FIRE-RELATED PROTECTION OF

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STRUCTURAL

ELEMENTS;

SMOKE

EVACUATION

AND

COMPARTMENTALIZATION; EMERGENCY SPRINKLER SYSTEMS; EMERGENCY ALARM SYSTEMS; OR ANY OTHER ALTERATION AFFECTING THE LIFE SAFETY OF THE OCCUPANTS OF A BUILDING.

(2) NOTHING IN THIS PART 4 SHALL PRECLUDE A PERSON WHO IS
LICENSED TO PRACTICE ARCHITECTURE UNDER PART

3 OF THIS ARTICLE

FROM ENGAGING IN INTERIOR DESIGN ACTIVITIES WITHOUT BEING REGISTERED UNDER THIS PART 4.

12-25-405. Grounds for disciplinary action - authority and proceedings - rules. (1) THE DIRECTOR MAY DENY, SUSPEND, REVOKE,
OR REFUSE TO RENEW THE REGISTRATION OF A REGISTERED INTERIOR DESIGNER FOR THE FOLLOWING REASONS:

(a) FAILURE

TO PAY THE FEES ESTABLISHED BY THE DIRECTOR

PURSUANT TO SECTION 12-25-402 (3);

(b)

FRAUD,

MISREPRESENTATION, DECEIT, OR MATERIAL

MISSTATEMENT OF FACT IN PROCURING OR ATTEMPTING TO PROCURE A CERTIFICATION;

(c) VIOLATION OF, OR AIDING OR ABETTING IN THE VIOLATION OF,
THIS PART

4,

ANY RULE PROMULGATED BY THE DIRECTOR IN

CONFORMANCE WITH THIS PART

4,

OR ANY ORDER OF THE DIRECTOR

ISSUED IN CONFORMANCE WITH THIS PART 4;

(d)

PERFORMING

SERVICES BEYOND ONE'S COMPETENCY,

TRAINING, OR EDUCATION;

(e) FAILURE TO RENDER ADEQUATE PROFESSIONAL CONTROL OF
PERSONS ENGAGED IN INTERIOR DESIGN ACTIVITIES UNDER THE RESPONSIBLE CONTROL OF A REGISTERED INTERIOR DESIGNER;

(f) HABITUAL INTEMPERANCE WITH RESPECT TO, OR EXCESSIVE

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USE OF, A HABIT-FORMING DRUG, A CONTROLLED SUBSTANCE AS DEFINED IN SECTION

18-18-102, C.R.S.,

OR AN ALCOHOLIC BEVERAGE, ANY OF

WHICH RENDERS HIM OR HER UNFIT TO ENGAGE IN INTERIOR DESIGN ACTIVITIES;

(g) ANY

USE OF A SCHEDULE

I

CONTROLLED SUBSTANCE, AS

DESCRIBED IN SECTION 18-18-203, C.R.S.;

(h) FAILURE TO PAY A FINE ASSESSED UNDER THIS PART 4; (i) FAILURE
TO REPORT TO THE DIRECTOR ANY REGISTERED

INTERIOR DESIGNER KNOWN TO HAVE VIOLATED THIS PART ORDER OR RULE OF THE DIRECTOR;

4

OR ANY

(j) MENTAL INCOMPETENCY; (k) SELLING
OR FRAUDULENTLY OBTAINING OR FURNISHING A

CERTIFICATION OR RENEWAL OF A CERTIFICATION TO ENGAGE IN INTERIOR DESIGN ACTIVITIES; OR

(l) ENGAGING IN CONDUCT THAT IS INTENDED TO, OR REASONABLY
MIGHT BE EXPECTED TO, MISLEAD THE PUBLIC INTO BELIEVING THAT THE PERSON IS A REGISTERED INTERIOR DESIGNER.

(2) (a) WHEN

A COMPLAINT OR INVESTIGATION DISCLOSES AN

INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE DIRECTOR, DOES NOT WARRANT FORMAL ACTION BY THE DIRECTOR BUT THAT SHOULD NOT BE DISMISSED AS BEING WITHOUT MERIT, THE DIRECTOR MAY ISSUE AND SEND, BY CERTIFIED MAIL, A LETTER OF ADMONITION TO THE REGISTERED INTERIOR DESIGNER.

(b) WHEN

THE DIRECTOR SENDS A LETTER OF ADMONITION BY

CERTIFIED MAIL TO A REGISTERED INTERIOR DESIGNER, THE DIRECTOR SHALL ADVISE THE PERSON THAT HE OR SHE HAS THE RIGHT TO REQUEST IN WRITING, WITHIN TWENTY DAYS AFTER RECEIPT OF THE LETTER, THAT

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FORMAL DISCIPLINARY PROCEEDINGS BE INITIATED TO ADJUDICATE THE PROPRIETY OF THE CONDUCT UPON WHICH THE LETTER OF ADMONITION IS BASED.

(c) IF

THE REQUEST FOR ADJUDICATION IS TIMELY MADE, THE

LETTER OF ADMONITION IS DEEMED VACATED AND THE MATTER IS PROCESSED BY MEANS OF FORMAL DISCIPLINARY PROCEEDINGS.

(d)

WHEN

A COMPLAINT OR INVESTIGATION DISCLOSES AN

INSTANCE OF CONDUCT THAT DOES NOT WARRANT FORMAL ACTION BY THE DIRECTOR AND, IN THE OPINION OF THE DIRECTOR, THE COMPLAINT SHOULD BE DISMISSED, BUT THE DIRECTOR HAS NOTICED INDICATIONS OF POSSIBLE ERRANT CONDUCT BY THE REGISTERED INTERIOR DESIGNER THAT COULD LEAD TO SERIOUS CONSEQUENCES IF NOT CORRECTED, THE DIRECTOR MAY ISSUE AND SEND A CONFIDENTIAL LETTER OF CONCERN TO THE REGISTERED INTERIOR DESIGNER.

(e)

ANY

DISCIPLINARY ACTION IN ANOTHER STATE OR

JURISDICTION ON GROUNDS SUBSTANTIALLY SIMILAR TO THOSE THAT WOULD CONSTITUTE A VIOLATION UNDER THIS PART

4

IS PRIMA FACIE

EVIDENCE OF GROUNDS FOR DISCIPLINARY ACTION, INCLUDING DENIAL OF CERTIFICATION UNDER THIS PART 4.

(3) (a)

IN

ADDITION TO THE PENALTIES PROVIDED FOR IN

SUBSECTION (2) OF THIS SECTION, ANY PERSON VIOLATING THIS PART 4 OR ANY STANDARDS OR RULES PROMULGATED PURSUANT TO THIS PART 4 MAY BE PUNISHED UPON A FINDING OF MISCONDUCT BY THE DIRECTOR MADE PURSUANT TO ARTICLE

4

OF TITLE

24, C.R.S. IN

AN ADMINISTRATIVE

PROCEEDING AGAINST A REGISTERED INTERIOR DESIGNER, THE DIRECTOR MAY IMPOSE A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION OF THIS PART 4.

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(b) ALL FINES COLLECTED PURSUANT TO THIS PART 4 SHALL BE
TRANSFERRED TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEYS TO THE GENERAL FUND.

(4) IF, AS A RESULT OF A PROCEEDING HELD PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S., THE DIRECTOR DETERMINES THAT A REGISTERED
INTERIOR DESIGNER HAS ACTED IN SUCH A MANNER AS TO BE SUBJECT TO DISCIPLINARY ACTION, THE DIRECTOR MAY, IN LIEU OF OR IN ADDITION TO OTHER FORMS OF DISCIPLINARY ACTION THAT MAY BE AUTHORIZED BY THIS PART

4,

REQUIRE A REGISTERED INTERIOR DESIGNER TO TAKE

COURSES OF TRAINING OR EDUCATION RELATING TO HIS OR HER PROFESSION.

THE DIRECTOR SHALL DETERMINE THE CONDITIONS THAT

MAY BE IMPOSED ON SUCH PERSON, INCLUDING, BUT NOT LIMITED TO, THE TYPE AND NUMBER OF HOURS OF TRAINING OR EDUCATION.

ALL TRAINING

OR EDUCATION COURSES ARE SUBJECT TO APPROVAL BY THE DIRECTOR, AND THE REGISTERED INTERIOR DESIGNER SHALL BE REQUIRED TO FURNISH SATISFACTORY PROOF OF COMPLETION OF ANY SUCH TRAINING OR EDUCATION.

(5) (a) THE DIRECTOR, UPON HIS OR HER OWN MOTION MAY, AND
UPON THE RECEIPT OF A SIGNED COMPLAINT IN WRITING FROM ANY PERSON SHALL, INVESTIGATE THE ACTIVITIES OF ANY REGISTERED INTERIOR DESIGNER OR OTHER PERSON THAT PRESENT GROUNDS FOR DISCIPLINARY ACTION UNDER THIS PART 4.

(b)

DISCIPLINARY

HEARINGS SHALL BE CONDUCTED BY THE

DIRECTOR OR BY AN ADMINISTRATIVE LAW JUDGE APPOINTED PURSUANT TO PART 10 OF ARTICLE 30 OF TITLE 24, C.R.S., AND SHALL BE HELD IN THE MANNER PRESCRIBED IN ARTICLE 4 OF TITLE 24, C.R.S.

(c) (I) THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE SHALL

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HAVE THE POWER TO ADMINISTER OATHS, TAKE AFFIRMATIONS OF WITNESSES, AND ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF ALL RELEVANT PAPERS, BOOKS, RECORDS, DOCUMENTARY EVIDENCE, AND MATERIALS IN ANY HEARING, INVESTIGATION, ACCUSATION, OR OTHER MATTER COMING BEFORE THE DIRECTOR.

(II) UPON

FAILURE OF ANY WITNESS TO COMPLY WITH SUCH

SUBPOENA OR PROCESS, THE DISTRICT COURT OF THE COUNTY IN WHICH THE SUBPOENAED PERSON OR REGISTRANT RESIDES OR CONDUCTS BUSINESS, UPON APPLICATION BY THE DIRECTOR WITH NOTICE TO THE SUBPOENAED PERSON OR REGISTERED INTERIOR DESIGNER, MAY ISSUE TO THE PERSON OR REGISTERED INTERIOR DESIGNER AN ORDER REQUIRING THAT PERSON OR REGISTERED INTERIOR DESIGNER TO APPEAR BEFORE THE DIRECTOR; TO PRODUCE THE RELEVANT PAPERS, BOOKS, RECORDS, DOCUMENTARY EVIDENCE, OR MATERIALS IF SO ORDERED; OR TO GIVE EVIDENCE TOUCHING THE MATTER UNDER INVESTIGATION OR IN QUESTION.

FAILURE TO OBEY THE ORDER OF THE COURT MAY BE PUNISHED BY THE
COURT AS A CONTEMPT OF COURT.

(d) (I) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE
EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT BY ANY PERSON, THAT A REGISTERED INTERIOR DESIGNER IS ACTING IN A MANNER THAT IS AN IMMINENT THREAT TO THE HEALTH AND SAFETY OF THE PUBLIC, OR A PERSON IS ACTING OR HAS ACTED WITHOUT THE REQUIRED REGISTRATION, THE DIRECTOR MAY ISSUE AN ORDER TO CEASE AND DESIST SUCH ACTIVITY.

THE

ORDER SHALL SET FORTH THE STATUTES AND RULES

ALLEGED TO HAVE BEEN VIOLATED, THE FACTS ALLEGED TO HAVE CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL

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UNLAWFUL OR UNREGISTERED ACTS IMMEDIATELY CEASE.

(II) WITHIN TEN DAYS AFTER SERVICE OF THE ORDER TO CEASE
AND DESIST PURSUANT TO SUBPARAGRAPH

(I) OF THIS PARAGRAPH (d),

THE REGISTERED INTERIOR DESIGNER OR PERSON ALLEGED TO HAVE ACTED WITHOUT REGISTRATION MAY REQUEST A HEARING ON THE QUESTION OF WHETHER ACTS IN VIOLATION OF THIS PART

4 HAVE OCCURRED. SUCH 24-4-104 AND

HEARING SHALL BE CONDUCTED PURSUANT TO SECTIONS

24-4-105, C.R.S. (e) (I) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE
EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT BY ANY PERSON, THAT A PERSON HAS VIOLATED THIS PART 4, THEN, IN ADDITION TO ANY SPECIFIC POWERS GRANTED PURSUANT TO THIS PART 4, THE DIRECTOR MAY ISSUE TO SUCH PERSON AN ORDER TO SHOW CAUSE AS TO WHY THE DIRECTOR SHOULD NOT ISSUE A FINAL ORDER DIRECTING SUCH PERSON TO CEASE AND DESIST FROM THE UNLAWFUL OR UNREGISTERED ACT.

(II) THE DIRECTOR SHALL PROMPTLY NOTIFY A PERSON AGAINST
WHOM AN ORDER TO SHOW CAUSE HAS BEEN ISSUED PURSUANT TO THIS PARAGRAPH (e) OF THE ISSUANCE OF THE ORDER, ALONG WITH A COPY OF THE ORDER, THE FACTUAL AND LEGAL BASIS FOR THE ORDER, AND THE DATE SET BY THE DIRECTOR FOR A HEARING ON THE ORDER.

SUCH NOTICE

MAY BE SERVED BY PERSONAL SERVICE, BY FIRST-CLASS UNITED STATES MAIL, POSTAGE PREPAID, OR AS MAY BE PRACTICABLE UPON ANY PERSON AGAINST WHOM SUCH ORDER IS ISSUED.

PERSONAL SERVICE OR MAILING (e) SHALL

OF AN ORDER OR DOCUMENT PURSUANT TO THIS PARAGRAPH CONSTITUTE NOTICE THEREOF TO THE PERSON.

(III) THE

HEARING ON AN ORDER TO SHOW CAUSE SHALL BE

COMMENCED NO SOONER THAN TEN AND NO LATER THAN FORTY-FIVE

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CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR SERVICE OF THE NOTIFICATION BY THE DIRECTOR AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (e).

THE HEARING MAY BE CONTINUED BY AGREEMENT

OF ALL PARTIES BASED UPON THE COMPLEXITY OF THE MATTER, NUMBER OF PARTIES TO THE MATTER, AND LEGAL ISSUES PRESENTED IN THE MATTER, BUT IN NO EVENT SHALL THE HEARING COMMENCE LATER THAN SIXTY CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR SERVICE OF THE NOTIFICATION.

(IV) IF A PERSON AGAINST WHOM AN ORDER TO SHOW CAUSE HAS
BEEN ISSUED PURSUANT TO SUBPARAGRAPH

(I) OF THIS PARAGRAPH (e)

DOES NOT APPEAR AT THE HEARING, THE DIRECTOR MAY PRESENT EVIDENCE THAT NOTIFICATION WAS PROPERLY SENT OR SERVED UPON SUCH PERSON PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH

(e)

AND SUCH OTHER EVIDENCE RELATED TO THE MATTER AS THE DIRECTOR DEEMS APPROPRIATE.

THE DIRECTOR SHALL ISSUE THE ORDER WITHIN TEN

DAYS AFTER THE DIRECTOR'S DETERMINATION RELATED TO REASONABLE ATTEMPTS TO NOTIFY SUCH PERSON, AND THE ORDER BECOMES FINAL AS TO THAT PERSON BY OPERATION OF LAW.

SUCH

HEARING SHALL BE

CONDUCTED PURSUANT TO SECTIONS 24-4-104 AND 24-4-105, C.R.S.

(V) IF

THE DIRECTOR REASONABLY FINDS THAT THE PERSON

AGAINST WHOM THE ORDER TO SHOW CAUSE WAS ISSUED IS ACTING OR HAS ACTED WITHOUT THE REQUIRED REGISTRATION OR HAS OR IS ABOUT TO ENGAGE IN ACTS OR PRACTICES CONSTITUTING VIOLATIONS OF THIS PART

4, A FINAL CEASE-AND-DESIST

ORDER MAY BE ISSUED DIRECTING

SUCH PERSON TO CEASE AND DESIST FROM FURTHER UNLAWFUL OR UNREGISTERED ACTS.

(VI) THE DIRECTOR SHALL PROVIDE NOTICE, IN THE MANNER SET

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FORTH IN SUBPARAGRAPH

(II)

OF THIS PARAGRAPH

(e),

OF THE FINAL

CEASE-AND-DESIST ORDER WITHIN TEN CALENDAR DAYS AFTER THE HEARING CONDUCTED PURSUANT TO SUBPARAGRAPH PARAGRAPH

(III)

OF THIS

(e) TO EACH PERSON AGAINST WHOM THE FINAL ORDER HAS

BEEN ISSUED. THE FINAL ORDER ISSUED PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH (e) SHALL BE EFFECTIVE WHEN ISSUED AND IS A FINAL ORDER FOR PURPOSES OF JUDICIAL REVIEW.

(f) IF

IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE

EVIDENCE PRESENTED TO THE DIRECTOR, THAT A PERSON HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN AN UNREGISTERED ACT; ANY ACT CONSTITUTING A VIOLATION OF THIS PART

4,

A RULE PROMULGATED

PURSUANT TO THIS PART 4, OR AN ORDER ISSUED PURSUANT TO THIS PART

4; OR ANY ACT CONSTITUTING GROUNDS FOR ADMINISTRATIVE SANCTION
PURSUANT TO THIS PART 4, THE DIRECTOR MAY ENTER INTO A STIPULATION WITH THE PERSON.

(g)

IF

A

PERSON

FAILS

TO

COMPLY

WITH

A

FINAL

CEASE-AND-DESIST ORDER OR A STIPULATION, THE DIRECTOR MAY REQUEST THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN WHICH THE ALLEGED VIOLATION EXISTS TO BRING, AND IF SO REQUESTED SUCH ATTORNEY SHALL BRING, SUIT FOR A TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT ANY FURTHER OR CONTINUED VIOLATION OF THE FINAL ORDER.

(h) A PERSON AGGRIEVED BY THE FINAL CEASE-AND-DESIST ORDER
MAY SEEK JUDICIAL REVIEW OF THE DIRECTOR'S DETERMINATION OR OF THE DIRECTOR'S FINAL ORDER IN A COURT OF COMPETENT JURISDICTION.

(i) THE DIRECTOR MAY, IN THE NAME OF THE PEOPLE OF THE STATE
OF

COLORADO,

THROUGH THE ATTORNEY GENERAL OF THE STATE OF

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COLORADO,

APPLY FOR AN INJUNCTION IN ANY COURT OF COMPETENT

JURISDICTION TO ENJOIN ANY PERSON FROM COMMITTING AN ACT DECLARED TO BE A VIOLATION OF THIS PART 4. IN ORDER TO OBTAIN SUCH INJUNCTION THE DIRECTOR NEED NOT PROVE IRREPARABLE INJURY.

(j) EXCEPT
SUBSECTION

AS PROVIDED IN PARAGRAPHS

(h)

AND

(i)

OF THIS

(5),

THE COURT OF APPEALS SHALL HAVE INITIAL

JURISDICTION TO REVIEW ALL FINAL ACTIONS AND ORDERS OF THE DIRECTOR THAT ARE SUBJECT TO JUDICIAL REVIEW.

SUCH PROCEEDINGS 24-4-106 (11),

SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION

C.R.S. (k) WHEN
A COMPLAINT OR AN INVESTIGATION DISCLOSES AN

INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE DIRECTOR, WARRANTS FORMAL ACTION, THE COMPLAINT SHALL NOT BE RESOLVED BY A DEFERRED SETTLEMENT, ACTION, JUDGMENT, OR PROSECUTION.

(l) THE DIRECTOR MAY PROMULGATE RULES AS NECESSARY FOR
THE ADMINISTRATION OF THIS PART 4.

12-25-406. Repeal of part. THIS PART 4 IS REPEALED, EFFECTIVE JULY 1, 2021. PRIOR TO THE REPEAL, THE REGISTRATION OF INTERIOR
DESIGNERS SHALL BE REVIEWED PURSUANT TO SECTION 24-34-104, C.R.S.

SECTION 2. Repeal. 12-25-303 (6), Colorado Revised Statutes, is repealed. SECTION 3. 24-34-104, Colorado Revised Statutes, is amended to read: 24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (52) The following agencies, functions, or both, shall terminate on July 1, 2021:

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(a) The workers' compensation classification appeals board, created in article 55 of title 8, C.R.S. (b) THE
REGISTRATION OF INTERIOR DESIGNERS PURSUANT TO

PART 4 OF ARTICLE 25 OF TITLE 12, C.R.S.

SECTION 4. Effective date - applicability. This act shall take effect July 1, 2011, and shall apply to interior designers on or after said date. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

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